Considerazioni storiche e comparative sulla colpa della vittima nella responsabilità da fatto illecito, con particolare riferimento all’esperienza moderna

Abstract

Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. This contribution presents some historical and comparative remarks, in the Italian language, on how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. For current developments concerning the concept of contributory negligence, the contribution will focus on France, Germany and the Netherlands.